Arbitration Notes

ENGLISH HIGH COURT DISMISSES SECTION 67 JURISDICTIONAL CHALLENGE TO ARBITRAL AWARD IN MPB V LGK

COURT OF APPEAL REFUSES TO ENFORCE AN ARBITRATION AWARD AGAINST A NON-PARTY

RECENT DEVELOPMENTS IN "CRIMEAN" INVESTMENT ARBITRATION CLAIMS

HONG KONG: COURT GRANTS ANTI-SUIT INJUNCTION TO RESTRAIN FOREIGN PROCEEDINGS IN BREACH OF AN ARBITRATION AGREEMENT UNDER AN INSURANCE POLICY

In the recent case of AIG Insurance Hong Kong Ltd v Lynn McCullough and William McCullough [2019] HKCFI 1649, the Hong Kong Court of First Instance (CFI) …

ENGLISH COURT GRANTS ANTI-SUIT INJUNCTION ORDERING THE DEFENDANT TO DISCONTINUE ITS CLAIM IN A NEW YORK COURT UNDER A D&O INSURANCE POLICY

ENGLISH HIGH COURT OVERTURNS AN ARBITRAL AWARD AS IT HOLDS THAT AN ARBITRAL TRIBUNAL LACKED JURISDICTION OVER A DISSOLVED COMPANY PURSUANT TO SECTION 67 OF THE ENGLISH ARBITRATION ACT

The English Commercial court has overturned an arbitral award under section 67 of the English Arbitration Act 1996, finding that an arbitral tribunal …

HONG KONG COURT FINDS THAT DEFENDANT WAIVED RIGHT TO CHALLENGE JURISDICTION

Israel Sorin Shohat, the Third Defendant in proceedings commenced by Mr Balram Chainrai, sought to challenge the jurisdiction of Hong Kong courts to hear …

English High Court recognises arbitral tribunal's jurisdiction over settlement agreement in absence of express arbitration clause

In the recent decision of Sonact Group Limited v. Premuda SPA [2018] EWHC 3820 (Comm), the English High Court confirmed its pro-arbitration approach to …

No U-Turns Ahead: Singapore Court of Appeal holds that commencement of court proceedings may lose you the right to later rely on arbitration agreements

In the recent landmark decision of Marty Ltd v Hualon Corp (Malaysia) Sdn Bhd [2018] SGCA 63, the Singapore Court of Appeal held that the commencement of …

Be on time to preserve your right to Active Remedies – the Singapore High Court considers a party's duty to apply promptly when challenging the jurisdiction of an arbitral tribunal

In Rakna Arakshaka Lanka Ltd ("RALL") v Avant Garde Maritime Services (Private) Limited ("AGMS") [2018] SGHC 78, the Singapore High Court dismissed an …

Tribunal awards India first BIT case win, dismissing claims of French investor

An UNCITRAL arbitral tribunal has reportedly dismissed a US$36 million claim by a French investor, Louis Dreyfus Armateurs SAS ("LDA"), against India …

HONG KONG COURT OF APPEAL: COMMON LAW ACTIONS AVAILABLE TO ENFORCE ARBITRAL AWARDS

Two key developments emerge from the long-running proceedings in Xiamen Xinjingdi Group Co Ltd v Eton Properties Ltd [2016] 2 HKLRD 1106 and Xiamen …